Bluegrass Institute News Release – Hear, hear: Congressional conservatives must oppose FDA’s unhealthy proposal

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For Immediate Release:  Tuesday, June 6, 2017                                                    

(LEXINGTON, Ky.) – Kentuckians know to be nervous when it comes to large and stealth power grabs by the federal government and its out-of-control regulatory regime, particularly that of the Food and Drug Administration (FDA).

Such is the case with the Over the Counter Hearing Aid Act of 2016 co-sponsored by Sens. Elizabeth Warren, D-Mass., and Charles Grassley, R-Iowa, the House version of which likely will be considered in Washington this week.

Fortunately, U.S. Rep. Brett Guthrie, R-Bowling Green, who serves on the House Energy and Commerce Committee, which will hear the bill, must push back against yet another federal takeover of an important health-care sector: hearing loss.

The FDA seeks the power to slap new regulations on over-the-counter hearing aids and pre-empt state hearing-aid laws, leaving Kentucky powerless to create hearing policies that benefit its own citizens and instead turning over more of our healthcare decisions to the federal government.

Supporters of the measure incorrectly claim the bill will increase consumer access to hearing aids, ignoring the fact that over-the-counter devices known as personal sound amplification products (PSAPs) already are available for purchase simply by logging on to Amazon or going to your local Best Buy – all without the federal government’s meddling.

“This isn’t the first exposure Kentuckians have had to unhealthy FDA policy,” said Jim Waters, president and CEO of the Bluegrass Institute for Public Policy Solutions, Kentucky’s first and only free-market think tank. “Amish farmer Sam Girod right now sits in a Lexington jail cell facing the possibility of a 48-year prison sentence, courtesy of FDA thugs who bullied their way to a felony conviction against the father of 12 simply for producing skin salves made from chickweed and bloodroot, which the government agency accused him of using to turn wild and edible weeds into a potent drug.”

“The FDA has become deaf to its mission of informing and protecting citizens and increasingly opposes our freedoms,” Waters added. “This ill-advised legislation seeks to regulate PSAPs as hearing aids, eliminating the important role doctors play in diagnosing and treating hearing loss along with driving up the costs of current over-the-counter products.”

PSAPs are used for recreational purposes like hunting or birdwatching. They simply amplify noise.

Hearing aids, on the other hand, which are available after a screening, diagnosis and prescription from an audiologist, are highly customized to treat a patient’s unique and complex hearing-loss situation.

Not only will this bill’s regulations fail to improve health outcomes, they likely will have unintended consequences, including regulating PSPAPs used for hunting – all of which raises unnecessary questions about whether the FDA will be open to the availability of hunting aids, a fact which resulted in the Gun Owners of America coming out in opposition to this bill last week.

When Guthrie voted along with his fellow conservatives to repeal the Obamacare monstrosity, the congressman described his vote this way: “We have a historic opportunity to reverse Obamacare’s dangerous course and give power back to the states, patients, and doctors.”

Hear, hear.

It’s time yet again for Guthrie and others who believe in the principles of limited government and individual liberty to rise to the occasion and provide the backstop to this foolhardy regulatory legislation.

For more information or comment, please contact Jim Waters at jwaters@freedomkentucky.com, 859.444.5630 ext. 102 (office) or 270.320.4376 (cell).

 

 

 

 

Bluegrass Beacon: A Shakespearean take on an Amish farmer’s tragedy

BluegrassBeaconLogoTo try, or not to try, that is the question: 
Whether ‘tis nobler in the mind to suffer  
The slings and arrows of FDA noncompliance

Is this how Shakespeare might have rendered a current version of “Hamlet” were he writing in these days of out-of-control government agencies, including perhaps the most McCarthy-like of them all: the Food and Drug Administration?

In the case of Sam Girod, an Amish farmer in Bath County, the FDA suffered him not – nor the labels on his herb-rendered skin salves, for that matter.

It all started a few years ago when Girod ambitiously claimed in labeling and promotional materials that his ointments concocted with chickweed and bloodroot could cure skin cancers along with less-serious ailments.

Girod agreed to remove “skin cancer” from the label and call the product “Chickweed Healing Salve.”

The FDA wasn’t satisfied.

They now objected to “healing” in its name, so he renamed the ointment “Chickweed Salve.”

But the agency’s regulatory brutes wouldn’t be content until they made an example out of Girod.

The FDA bullied its way to a felony conviction against this simple Amish farmer who’s now staring at a possible 48-year prison sentence when he’s sentenced in June – all for such scary activity as misbranding labels and the fact that his farm was “an establishment not registered with the Food and Drug Administration” and on arbitrary charges of “impeding” a federal investigation.

I doubt Farmer Sam will be contemplating Shakespeare’s writings while finishing out his life behind bars. And it certainly doesn’t seem like the FDA, judge and prosecutors in this case will be feeling the “oppressor’s wrong” or “the insolence of office” anytime soon, as Will might have observed.

In fact, they might even be assembling a new SWAT team to save future Kentuckians from the perils of Amish farmers’ skin salves.

Plenty of avenues exist to resolve these types of cases without such harsh tactics.

Customers could have returned Farmer Sam’s products, boycotted his business or even sued him for financial damages if they believed he defrauded them.

Even the fact that Girod twice relabeled his ointment wasn’t enough to satisfy the zealotry of the FDA and a small-town court obsessed with carrying out its skin-salve witch hunt.

Wouldn’t it have been cheaper for the town just to burn poor Farmer Sam at the stake like in Shakespeare’s day?

“Aye, there’s the rub,” as Will writes in “Hamlet.”

If Sam were forced to “shuffle off his mortal coil,” what political lesson of intimidation would exist to warn other Amish farmers, raw-milk producers, farm-to-table hosts and every producer of natural remedies and herbal cures found on shelves in all sorts of establishments – from the shelves of Walmart to your local holistic grocery store?

Producers of these natural products should all prepare ultimately to feel the slap of the heavy-handed FDA enforcement regime.  

But what happens in a few years after a lifetime of “the thousand natural shocks that flesh is heir to” when the judge, his prosecutors and FDA tyrants along with their enablers – and perhaps even the jurors who took only four hours to condemn an Amish father of 12 – find themselves with an odd spot on their hand that stubbornly persists and won’t go away?

Maybe they’ll be informed by a doctor: “it’s cancer.”

They’ll try chemo; it won’t work.

Maybe they’re given a devastating sentence that the little skin spot could cost them their life.

Now they’d give anything to have access to a 100 percent natural chickweed salve produced by an Amish farmer who by then may have shuffled off his mortal coil and took his recipe – and their right to try it – with him.

Jim Waters is president of the Bluegrass Institute for Public Policy Solutions, Kentucky’s free-market think tank. Read previous columns at www.bipps.org. He can be reached at jwaters@freedomkentucky.com and @bipps on Twitter.